Summary of Experience Questions Flashcards
What are some of the key differences between NEC and JCT?
NEC
(1) Time and cost are dealt with together through Compensation Events
(2) The programme is a contractual document and there must always be an ‘accepted programme’
(3) Pricing Options including Option C Target Price
(4) Concept of Defined and Disallowed Costs
(5) Collaborative approach with EWs, NCEs, CEQs and CEs
(6) NEC Project Manager Role
(7) Works Information
JCT
(1) Time and cost are dealt with seporately with Relevent Events for time resulting in an EOT and Relevent Matters for Costs
(2) Lump Sum Pricing (with or without quantities)
(3) Use of Contract Sum Analysis and Provisional Sums
(4) Employer’s Requirements and Contractor Proposals
(5) Use of Contractor Design Portion
What are some of the key considerations when advising a Client on an appropriate procurement route?
Consideration of Cost, Time and Quality, along with the Client’s positiion on Risk and Funding. These factors help to develop a procurement strategy.
D&B
(1) Programme benefits associated with contracting before the design is fully developed
(2) Contractor takes design risk
(3) Single point of contact and accountability for design and construction
(4) BUT reliant on in-house design capability and contractor may seek ways to profit through design options which can impact quality
(5) AND less cost certainty as the contractor is appointed before the job is fully designed and all risks known
Traditional
(1) Client controls design and appointment of the architect
(2) Design is fully developed before tender leading to greater cost certainty and more comparability with tenders
(3) BUT client takes on the design risk
Management
(1) Early procurment of works packages
(2) Quick programme
(3) BUT there is lack of accountability
What is a PCSA?
Pre-Construction Services Agreement
A form of Early Contractor Involvement (ECI), whereby the contractor is appointed during the pre-contract stage to provide advice and outputs relating to buildability, programming, works packaging and discharging planning conditions.
Costs are agreed for the appointment based on prelims and overheads.
What are some of the key aspects of JCT “Deciding on the appropriate form of contract 2016”?
(1) Procurement methods e.g. Traditional, D&B and Management Forms
(2) Types of JCT Contract such as Trad lump sum, Trad measurement, Trad cost reimbursable
(3) Matters that might affect the choice of contract and the consequences of that choice e.g. Nature of project, complexity, measure of control, accountability, appointment, changes, contract sum etc.
(4) Range of Contracts such as Standard with or without quantities, Intermediate, Intermediate with Contractor Design, Deisgn & Build, Minor Works etc.
(5) Flow charts and diagrams to help you select the appropriate form
Why did you select JCT D&B for FAB Office Fit-Out?
(1) Quicker programme as we appointed the contractor before detailed design development
(2) Newly renovated to CAT A by Landlord and robust requirements and performance specs at the time of tender so unlikely to implement much change post-contract in terms of design or disruption
(3) Single point of contact and accountability
(4) Speculative risks sat mainly with the contractor
What is the affect of including sectional completion dates within your contract?
Each section has its own discrete completion process which affects handover of area to the client, delay damages, insurances, retention and the defects rectification period.
How do you typically assess an EOT Claim?
RICS Guidnace Note - Extentions of Time
(1) Consider whether there is a valid reason why the completion date should be adjusted. Refer to Relevant Events under JCT or Compensation Events using NEC. Typical reasons would be instructions, variations, deferment of possession, suspension or particularly adverse weather.
(2) Delay notice by contractor stating cause and effect
(3) Analysis of the delay such as critical path analysis and comparing actual vs planned progress
Why did you select NEC ECC Option C for the TH Project?
(1) Government organisation had an overarching contract strategy to use NEC
(2) Option C incentivised the contractor to deliver under the target price through the pain/gain share mechanism.
(3) The nature of the scheme worked well with the NEC concepts of agreeing time and cost within set timeframes because changes were easy to quantify
What is the process for submitting and accepting the programme under NEC?
Contractor submits a programme for acceptance.
Project Manager has 2 weeks to accept or reject. Reasons to reject can only be for one of the following:
- Contractors plans shown are not practicable
- It does not show the information which this contract requires
- It does not represent the Contractors plans realistically
- It does not comply with the works information
What are the general principles and procurement thresholds associated with OJEU?
OJEU = Official Journal of the European Union
It is an online government contract and procurement portal.
It is set up for compliance with public sector procurement rules under the Public Contract Regulations 2006
Basic thresholds apply where supplies or services are over circa £122k and works are over £4.7m
What is the difference between procurement and tendering?
(1) Procurement is the overall act of obtaining goods and services from external sources. It refers to the overall strategy which would be determined by cost, time, quality, funding and complexity
(2) Tendering is the bidding process, to obtain a price; and how a contractor is actually appointed.
What are the main forms of tendering?
Single Stage, Two Stage and Negotiated
Why would you impliment a two-stage tender?
Contractor appointed under a PCSA earlier in the design process (RIBA 2/3) for specialist input around buildability, packaging, works procurement and planning.
Contractor appointed on a prelims basis including overheads and profit.
Ideally the contractor is working with the Client to contribute towards the design and then produce a bid for the construction works which meets the Client’s budget requirements.
What are the main reasons for a robust tendering strategy?
Accountability, auditability, ensuring everything has been picked up, parity, helping to reduce claims of corruption; and ensuring that the correct price has been paid for the proposed works.
What information would you include in an RFP for the appointment of a contractor?
Cover Letter
Instructions to Tenderers
Background
Scope of Services Required
Employer’s Requirements, Design and Specifications
Preliminaries / Site Information / Pre-Construction Information
Pricing Document
Tender Return Template
Evaluation Methodology
Form of Contract
What financial information do you include in your monthly client reports?
(1) Projected and actual costs for all project liabilities such as profesional fees, construction costs, client direct works and contingencies
(2) Variation account / change log including pending or potential
(3) Anticipated final costs
(4) Total certified payments
What are the main reasons why the contract sum might change?
(1) Adjustment of provisional sums or prime cost (PC) sums
(2) variations to the design and/or the specification of the work
(3) additions or reductions to the scope of the works
(4) loss and expense incurred by the contractor for specified reasons
(5) increases or decreases in the costs of labour and materials or in taxes, levies or contributions imposed by the government (i.e. fluctuations – albeit many employer’s will seek to remove such provisions through amendment to the contract conditions).
What do you include in your Payment Certificates?
Contract Details / Cert No
Contract Date
Valuation Date
Due Date
Issue Date
Date for Payment
Contract Sum
Gross Valuation
Less Retention
Less Previously Certified
VAT
What is the standard interim payment timeline under JCT Standard BC?
Application to be submitted no less than 7 days before Due Date
Valuation period (7 days)
Due Date
Payment Cert no later than 5 days from the Due Date
Final date for payment no later than 14 days from the Due Date
Total process is 21 days as standard
What are the main methods for interim valuations and payment?
- Stage Payments
- Milestone payments
- Payment based off activity schedule
- Third party certification (application and valuation)
What are the four main types of communication?
(1) Visual Communication
(2) Written Communication
(3) Verbal communication
(4) Non-verbal communication / body language
What are some of the key principles of negotiation, the pitfalls and the distinct phases that should be followed?
Principles:
Prepare beforehand and gather the facts
Seek common objectives
Know your fallback position or bottom line
Engage with relevent stakeholders
Process
Opening statements
Bargaining and negotiation
Close
Review and communicate
How do you adapt your communication style to suit your client?
Consider the governance structure, their personanility, your relationship, their requirements, the services being provided and your role.
Make a judgement and contunally review either through formal feedback and client care or informally.
What are some of the concepts laid out by Stephen R. Covey in ‘The Seven Habits of Highly Effective People’ and how do you impliment them?
(1) Paradigms of interdependence
(2) Empathic communication
(3) Creative cooperation
(4) Thinking ‘win–win’.
How did you negotiate with the Contractor in respect of their two stage tender offer for the main contract at ST?
I considered the offer and reviewed alternatives before entering into negotiation.
I demonstrated that the proposed management and commercial proposal was excessive for the scale of the project.
I suggested alternative arrangements for welfare to result in cost savings.
What are the different classifications and ownership structures of companies in the UK and their legal ramifications with regards to liability?
(1) Sole Trader
Individual ownership and personally liable for business losses. Tax paid through self-assessment.
(2) Partnership
Two or more individuals peronally liable for business losses. Paid through company profits on an agreed share and then taxed individually.
(3) Limited Company
The company is a separate legal entity with its own legal rights and obligations. This means the company is responsible for everything it does and its finances are separate to the personal affairs of its owner(s).
Any profits generated are retained by the company, after it pays Corporation Tax. Only then can the profits be distributed to shareholders in the form of dividends.
(4) Limited Liability Partnership
Same as partnership but partners are only personally liable up to the amount they invest.
What are the 5 main basic organisational structures?
Functional, divisional, matrix, team, and networking.
What are they key elements of a business plan and what is the purpose of a business plan?
Background
Business Concept and Objectives
Business Structure
Products and Services
Market Research
SWOT and PESTLE Analysis
Competitor Analysis
Operations and Logistics
Costs and Financial Analysis
A business plan gives an outline of your business, the market in which it will operate and how it aims to make money - and should answer this question: why will your business succeed when so many others fail? You might have a short, medium and long term business plan.
How do you avoid disputes and conflict in construction?
Clear and detailed design, specifications and requirements.
Contract provisions and conditions.
Collaborative communication and clear governance.
Use of Early Warnings, Risk Management, Cost and Change Control.
Appropriate levels of funding.
What are the main forms of Alternative Dispute Reslution?
Mediation, Adjudication or Arbitration
What are the typical escalation steps in dispute resolution?
- Negotiate amongst the project team
- Escalate to a representative panel or Dispute Resolution Board
- Enter into Alternative Dispute Resolution (ADR); most commonly arbitration or adjudication (depending on how the contract is set up)
- Litigation which involves legal action in court
What are the key factors to consider with sustainable construction?
Waste
Energy
Pollution
Materials
Transport
CO2
Ecology and Biodiversity
What are some of the renewable technologies you are aware of?
Wind
Solar
Hydro
Sustainable Materials
Smart Buildings
Circular Economy
What are some of the relevent regulations and codes of practice relating to sustainable construction?
Building Regulations, in particular Part L
EPC and DEC
Site Waste Management Regulations
COSHH
CAR
What are some of the relevent accrediations and standards?
ISO14001
BREEAM
LEED
SKA
SAP
Passivhaus
What are the three pillars of sustainability?
Economic, Social and Environmental
Explain what you understand about BREEAM
British Research Establishment Environmental Assessment Method
Competency based assessment.
Looks at energy, health and wellbeing, waste, pollution, materials, land and ecology.
Two stages of assessment and certification are carried out:
A design stage assessment resulting in an interim certificate being issued.
A post-construction assessment resulting in a final certificate being issued and a rating awarded.
Ratings = Outstanding, Excellelent, Very Good, Good, Pass, Unclassified
Which materials have low embodied carbon or minimal environmental impact?
More efficient design
Change of specification (e.g. vary element type like cladding)
Design for less waste
Design for off-site construction
Design for re-use
Use recycled materials
Use responsibly sourced materials
How can we preserve natural materials in construction?
Avoiding using scarce (non-renewable) materials, such as peat and weathered limestone.
Creating less waste.
Using less; by not over-specifying performance requirements, by designing minimum weight structures and by matching demand to supply (such as supply balancing cut & fill).
Using reclaimed, rather than new materials.
Using renewable materials (crops).
How can you improve a building’s sustainability?
Natural, recycled and sustainable building materials
Efficient design in terms of thermal performance
Water and power systems such as GSHP
Reduction in pollution and waste
Minimizing damage to the local ecosystem during and after construction
What’s the difference between an Employer’s Agent and Contract Administrator?
Contract Administrator (CA) = Traditional, exists post-contract, solely to administer the contract
Employer’s Agent (EA) = Design and Build, pre and post contract, works on behalf of the Employer and often has certain authorities beyond that of a CA such as tendering and providing advice to the Employer to assist them in making informed decisions
What leadership style did you adopt when negotiating costs for SFoH Ph2?
Burocratic in the sense that I wanted to follow a very procedural, fair and auditable negotiation.
Transactional in the sense that our negotiation was mutually benefitial despite my assessment of lower prelims, because it established a good relationship and enabled the project to go ahead.
When have you utlised a motivational theory in your leadership of others?
Herzberg’s Two-Factor Theory:
Encouraging recognition for achievements such as delivering critical milestones on projects as a motivator.
Ensuring project governance and structures work well for the team as a hygein factor.
When have you altered your leadership style to suit a client?
Public sector - beurocratic and democratic
Private sector - charismatic and servant
What Employment Legistlation do you know of?
Employment Rights Act 1996
Equality Act 2010
National Minimum Wage Act 1998
Health and Safety at Work Act 1974
What components would you expect to see in a project brief?
Background
Stakeholders and org structure
Scope and constraints
Deliverables and outputs
Success factors and KPIs
Finance
Procurement strategy
Milestones programme
Risks and issues
Sign off page
What activities would you undertake to assist in the production of a project brief?
Existing information such as the business case, the statement of need and the strategic brief.
Site surveys, site information and site appraisals.
Analysis of existing accommodation.
Workshops with champions and user panels to establish needs, expectations and priorities.
Input from other stakeholders.
A wider consultation process.
Interviews.
User surveys.
Input from statutory authorities, such as the fire brigade, statutory utilities, local authority, heritage organisations, and so on.
What information would help you determine the scope for the project brief?
Client Requirements
Site Information
Spatial Requirements
Technical Requirements
Component Requirements
Constraints (planning, budget, programme, risks, targets)
Which documentation would you produce before a project brief under the RIBA Plan of Work?
Statement of Need, Client Requirements, Business Case, Strategic Brief
What are the key changes coming into affect through the new Building Safety Act?
New: Accountable Person responsible for the safety of the building
New: National regulator for building safety, within the Health and Safety Executive supported by a panel of residents responsible to oversee the safety and standard of all buildings, directly assure the safety of higher-risk buildings; and improve the competence of people responsible for managing and overseeing building work
New: ‘golden thread’ of vital information about the building to be gathered over its lifetime
New: Building Assurance Certificate
Banned the use of combustible materials on the external walls of high-rise buildings
Banned ACM Cladding
What key publications has RICS produced or supported recently in relation to Fire Safety?
International Fire Safety Standard (IFSS) - Common Principles
External Wall System (EWS1) Survey Guidance and Forms
Fire Safety Guide for the Public
PII Update
What are the duties of the Responsible Person under RRO 2005?
Risk assessments
Training
Take steps to eliminate risks
Take precautions to ensure safety
What is a DX Unit?
Direct Expansion Unit - used to cool air in building air conditioning
What PI levels do you need as a firm?
If your turnover is less than £100k, £250k PI
If your turner is between £100k and £200k, £500k
If your turnover is over £200k, £1m
